The receipt is the most common document for registration of transactions or the distribution of obligations between two or more officials. Receipt can write as physical, and legal persons. every citizen, which transfers money to another person and does not receive a check or receipt of payment for making payments, I should know how to make a receipt.
Receipt - a kind of stand-alone document, which can have legal force and is able to confirm the transfer of money or taken, and it may have made commitments in relation to third parties. Any other documents, including a sales contract, only confirms the ownership or operation of the concluded contract. The receipt also confirms the fact of payments made or commitments. It is also possible to confirm the absence of receipt of claims of accomplishments already deal.
Legislative norms do not provide any form or pattern, which should correspond to the receipt. It is made in an arbitrary manner. but, worth noting, that certain general rules and recommendations still exist, and they are installed thanks to the many years of legal practice.
What is meant by compensation, which is written receipt?
Russian Civil Code specifies, that persons, whose rights have been violated with causing damage - the right to demand full compensation for all losses incurred. Therefore it is necessary to understand, which can be classified to such loss. so, This includes the following costs:
- if the citizen rights have been violated and to restore them is required to incur material expenses - they are subject to a full recovery;
- the amount of the damage actually caused, including the addition of property prices, IRREPARABLY recovery, any property, the restoration of which requires investments;
- real income, that injured person could get, if his rights were not violated.
The issue of compensation also directly affects non-pecuniary damage. A role to play court, which should award the person responsible for payment of the appropriate material. The size of this amount is determined based on the occurrence and severity of guilt. Also taken into account the personal characteristics of the victim and the, what kind of trouble he has gone through and how they are classified in person in his circumstances.
The issue of taxation in the preparation of moral or material financial compensation is discussed in the RF Tax Code. Under current law these articles are not counted as income, which implies the payment of taxes.
Need to write receipts
Quite often in the judicial and legal practice cases occur, where the victim and the perpetrator reconciled. In this case, the case is closed. However, the reason for this may be that the receipt, wherein said, that the guilty party is fully corrected harm. However, the victim should recognize the, that no longer has any claims against the infringer. Thus receipt can simultaneously serve as the document, which proves the fulfillment of obligations to the victims and the lack of communication with the claims against the infringer. This fact concerns only minor disturbances or crime, classified as having moderate severity.
The protective function released in this case applies to the violator, which is to make amends to the victim. Now, having on hand a similar document, the offender can remain confident, that he did not have to pay twice for the same crime. Also, it will be understood, that of the law to him and there will be no complaints.
The victim should not sign this paper is not understood until the end of that, what he can expect in the circumstances. sometimes the culprit, having the desire to quickly close the deal, can rush things and tends to incur costs as low as possible for the commission of an illegal act, third party losses caused. but, if the criminal case is still open and the parties may agree among themselves - then the receipt should fully reflect the outcome of the agreements.
The victim wrote a detailed receipt, which indicates what kind of compensation he provided and at what time he got it. Writing receipts without deadlines completely impractical. culprit, if they would be a man without scruples, It will not start to their commitments. And the very incident will be impossible to pass the law enforcement agencies because of a difficult assessment of the offense over time. For example it was quite an accident. Although the law obliges the cause DPS, the parties have agreed not to involve the police, and solve all without registration of accidents. In this case, the victim can claim compensation, and the offender promises to do everything, but would not resort to call DPS. The question arises: why is he so afraid of an ordinary road accident? So he has big problems with the law. So trust to that person is extremely small.
Yet if the parties decided to resolve the conflict peacefully, Whatever his background, the victim must remember, that he already suffered. Therefore, showing too much sympathy for the offender and going at it on occasion it can only worsen your damage. Therefore, the conditions here should put forward is the injured party.
If the conflict is settled, and disputes are settled - when the final transfer of compensation is made receipt, which serves as proof of the end of the case and the absence of claims from both sides.
Who should write a receipt? Content requirements
The receipt is written on the face, who received compensation and no longer to the person responsible for any claims. However, if such compensation has not been paid - whereas on the contrary the receipt says the party, which takes on certain obligations.
Whoever wrote a receipt - it must be kept for three years. This deadline, Sets the statute of limitations, that is written in the current Civil Code.
The receipt should include in its content the following data:
- Title of the document. As evidenced by the signing of the receipts;
- city, in which it is composed;
- the date of the document;
- contacts data, which draws up a receipt. Also included his passport data and information about his residence;
- details of the opposite side, also with full contact details;
- receipts subject. Detailed description, as evidenced by the signed document. If this compensation, then what exactly and why there was a need for something to compensate for;
- what is expressed compensation. money, care, custody, take on additional responsibilities, one-time or continuous provision of services, etc.. When it comes to cash payment - must be specified individually for what purpose will the money, namely, that relates to the pecuniary damage, and that the morale. Also, all figures in this field should be in parentheses duplicate words, avoid any adjustments in the text of receipts after its signing by the parties. When it comes to foreign currency payments - you must specify the currency and the exchange rate against the ruble on the date of payment. If payment is only planned - should make a reservation on, that payments will be made with a certain equivalent at that date;
- If the originator or participant receipts insists on the presence of witnesses - need to be made about such persons data, namely their passport details and place of residence;
- the actual date of the signing of the receipt of all the said persons;
- autographs of all persons, which are indicated in the receipt as a party or witness. The signing of the document is considered legally, if it takes place in the presence of all its members. Should be put not just a signature, but also to make the proper decoding of instructions Name.
When the parties agree on addressing the issue at the end of the investigation has already begun - a certified copy of the receipt, written on the basis of agreements reached, stored in the materials of the case and can be stopped upon request of other authorized bodies.
On the general guidelines for writing receipts include the, that despite the existence of a large selection of various forms of accumulated receipts in electronic form - the safest method of writing a manual recipe. This is necessary, case, when one of the signatories of the document abandons his involvement in this matter. During the trial, the analysis and examination of handwriting and justice is restored.
Writing receipts by hand in this case, it is also important, if during the proceedings it turns out one of the parties declares suddenly, that the conflict is settled, and as proof of receipt provided, supposedly written by the other party. But examination of handwriting in this case is to identify the distortion of facts.
Eventually, Receipt is a powerful tool in building business relationships between two or more citizens, and can also provide a performance guarantee commitments. If the obligation is discharged - by using the receipts you can protect yourself from any claims by the contractor.